Why It Matters
North Dakota’s Public Service Commission has cleared the path for a major regional transmission project that will link two utility systems across three counties in the state’s south-central corridor. The decision moves a $406 million infrastructure investment closer to construction, even as a legal challenge from landowners and local governments remains unresolved at the state Supreme Court.
What Happened
The Commission issued its route permit for the JETx transmission line on June 24, 2026, finding that Otter Tail Power and MDU Resources had satisfied all legal requirements to proceed. The two utility companies had filed their permit application in August 2025, setting off nearly a year of regulatory review.
The approved route stretches 92 miles through Dickey, LaMoure, and Stutsman counties, connecting an Otter Tail Power substation near Jamestown to an MDU Resources substation west of Ellendale. The line will run on 150-foot towers along its entire length.
Commissioner Jill Kringstad emphasized that the Commission’s authority was limited to the factual and legal record before it. “This decision, as with any other decision, has to be based on the law, and then the record and the facts of the case,” she said.
Commissioner Sheri Haugen-Hoffart echoed that framing, noting that the body applies legislative policy rather than sets it. “The commission does not set policy; we apply the policy enacted by the Legislature, and we adhere to those legal requirements with precision and integrity,” she said.
By the Numbers
The scale of the Commission’s review was substantial. Regulators held technical hearings in Bismarck and public hearings in Ellendale, Edgeley, and Jamestown, accumulating more than 20 hours of total testimony, including roughly 12 hours from the public alone. The documentary record reached approximately 6,600 pages.
Key figures in the project include:
- $406 million — total estimated project cost
- 92 miles — length of the approved transmission corridor
- 150 feet — height of the transmission towers
- 500 feet — state-mandated setback requirement for transmission infrastructure
The route permit also carries conditions: utility companies must implement dust mitigation strategies and enter into road use agreements, and they are obligated to repair and restore any township or county roads damaged during construction.
Legal Challenge Pending
The Commission’s approval does not end the dispute. A coalition of affected landowners and townships has a legal challenge pending before the North Dakota Supreme Court. The court heard oral arguments on the same day the Commission issued its permit decision, though no ruling had been handed down as of that date.
The parallel timing — a final regulatory approval and an active Supreme Court case unfolding on the same day — underscores the contested nature of the project. If the court rules against the route as permitted, the Commission’s decision could be subject to revision or further proceedings.
Zoom Out
The JETx line reflects a broader national pattern of transmission infrastructure investment driven by rising electricity demand and efforts to improve grid reliability across regional utility networks. Disputes between landowners and utility developers over eminent domain, setbacks, and routing decisions have intensified across the Midwest as transmission projects multiply. North Dakota’s regulatory framework, which places siting authority in the Public Service Commission and sets specific setback standards, is typical of how Plains states manage large-scale energy infrastructure siting. The legislature retains policy-setting authority, a boundary the Commission explicitly cited in its approval. Separately, North Dakota is also weighing energy-related policy questions, including a proposal to allow nuclear waste storage under a framework modeled on Wyoming law.
What’s Next
Construction timelines for the JETx line will depend in part on how quickly the North Dakota Supreme Court resolves the pending legal challenge. A ruling adverse to the utilities could delay or alter the approved route. If the court upholds the Commission’s authority, the companies would be positioned to move toward construction under the conditions outlined in the permit. Any broader policy changes affecting transmission siting would require action by the state legislature, which was referenced in discussions as potentially convening in 2027.